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An Analysis of the Economic Torts

Hazel Carty

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The economic torts for too long have been under-theorised and under-explored by academics and the judiciary alike. Also in recent years claimants have exploited the resulting chaos by attempting to ... More


The Misrepresentation Economic Torts: Conclusion

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the potential future developments of the misrepresentation economic torts: deceit, malicious falsehood, and passing off. Deceit and its satellite actions — the action for ... More


Malicious Falsehood

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the history and ingredients of the tort of malicious falsehood. It would appear that the tort though developed from a group of related torts should now be viewed as unified in ... More


Introduction

Hazel Carty

in An Analysis of the Economic Torts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199546749
eISBN:
9780191594946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546749.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter introduces the economic torts, i.e., those torts that have as their name suggests the primary function of protecting claimants' economic interests. They include the general economic ... More


The Protection of Marketing Assets

MICHAEL SPENCE

in Intellectual Property

Published in print:
2007
Published Online:
March 2012
ISBN:
9780198765011
eISBN:
9780191695278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765011.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins by discussing the expanding concepts of the brand and the change in the function of brands when the brand itself has become a product. It then explains the classic elements of the ... More


Trademarks and Passing Off

Eran Liss and Dan Adin

in Intellectual Property Law and Practice in Israel

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199917419
eISBN:
9780190260149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199917419.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter focuses on trademark law in Israel as well as specific issues relevant to passing off. It begins with an overview of the general principles of trademark law in Israel before discussing ... More


Personality Rights and English Law

Hazel Carty

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter 7 states that the English common law does not provide generalised rights against misappropriation of image or unfair competition. Claimants rely on a specific civil wrong such as the tort of ... More


Protection of Personality Rights in the Modern Scots Law of Delict

Elspeth Reid

in Rights of Personality in Scots Law: A Comparative Perspective

Published in print:
2009
Published Online:
May 2015
ISBN:
9781845860271
eISBN:
9781474406253
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860271.003.0004
Subject:
Law, Constitutional and Administrative Law

Chapter 4 argues that the South African actio iniuriarum is most unlikely to form a good guide to the formation of the structure of personality rights in Scots law though it may provide examples of ... More


Celebrity and image rights

Richard Haynes

in Media Rights and Intellectual Property

Published in print:
2005
Published Online:
September 2012
ISBN:
9780748618804
eISBN:
9780748670994
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748618804.003.0007
Subject:
Society and Culture, Media Studies

Image rights refer to the commercial use of someone's image, voice, likeness, name or signature. They have become a common trait of the contemporary media economy and are strongly protected and ... More


Unfair Competition and Trademarks

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0001
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter discusses the concept of unfair competition, focusing on two parts of the concept: passing off and misappropriation. It then turns to trademark law, providing a definition and examples, ... More


Unjust Enrichment

Eran Liss and Dan Adin

in Intellectual Property Law and Practice in Israel

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199917419
eISBN:
9780190260149
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199917419.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines unjust enrichment within the context of intellectual property laws in Israel. It begins with an overview of the definition and applicability of unjust enrichment before ... More


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